The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the following circumstances: (a) the Defendant had the same criminal record in several times including the suspended sentence of imprisonment with prison labor; (b) the Defendant was sentenced to the imprisonment for six months on October 25, 2012 due to drunk driving on the part of the Defendant; (c) the Defendant committed the instant crime during the suspended sentence; and (d) the blood alcohol content was higher than 0.192%; (b) on the other hand, the Defendant’s mistake was recognized; and (c) there was no criminal record exceeding the suspended sentence of imprisonment; and (d) G operated by the Defendant is most of the employees of the socially vulnerable group, and is at the risk of suspending the Defendant’s business due to long-term detained life; and (e) if the employees of the socially disadvantaged group lose their jobs, the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is unreasonable and reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);